Marvin Rex Lake v. The State of Texas

No. 08-24-00091-CR · Court of Appeals for the Eighth District of Texas, El Paso · April 7, 2026 · No. 08-24-00091-CR

Summary

The Eighth District Court of Appeals of Texas reviewed Marvin Rex Lake’s conviction for capital murder of a child under ten. Lake challenged the legal sufficiency of the evidence and the trial court’s instruction requiring the jury to stop deliberating after finding him guilty of capital murder. The court found no reversible error and affirmed the judgment.

Holdings

  1. The evidence was legally sufficient for a rational jury to find beyond a reasonable doubt that Lake intentionally or knowingly caused A.D.'s death.
  2. The transitional or acquittal-first instructions were not erroneous, and any assumed error was harmless.

Questions Presented

  1. Whether legally sufficient evidence supported Lake's conviction for capital murder, including the finding that he intentionally or knowingly caused the death of a child under ten.
  2. Whether the trial court erred by instructing the jury to stop deliberating on the remaining charged offenses after finding Lake guilty of capital murder.

Disposition

affirmed

Cases Cited (34)

  • Jackson v. Virginia, 443 U.S. 307, 319 (1979)(followed)
  • Young v. State, 14 S.W.3d 748, 753 (Tex. Crim. App. 2000)(followed)
  • Bartlett v. State, 270 S.W.3d 147, 150 (Tex. Crim. App. 2008)(followed)
  • Williams v. State, 235 S.W.3d 742, 750 (Tex. Crim. App. 2007)(followed)
  • Cary v. State, 507 S.W.3d 750, 757 (Tex. Crim. App. 2016)(followed)
  • Merritt v. State, 368 S.W.3d 516, 525 (Tex. Crim. App. 2012)(followed)
  • Brooks v. State, 323 S.W.3d 893, 899 (Tex. Crim. App. 2010)(followed)
  • Perez v. State, No. 08-12-00340-CR, 2015 WL 4940375, at *6 (Tex. App.—El Paso Aug. 19, 2015, no pet.)(followed)
  • Louis v. State, 393 S.W.3d 246, 251 (Tex. Crim. App. 2012)(followed)
  • Roberts v. State, 273 S.W.3d 322, 329 (Tex. Crim. App. 2008)(followed)

Showing top 10 of 34.

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